Oakland – Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.

“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.

Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.

It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.

“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.” The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.

Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.

“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”

“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”

Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.

A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.

The settlement can be read on CCR’s website, along with a summary. CCR has also put up downloadable clips of the plaintiffs’ depositions here.

From December 1970 to 2014, when he finally had a contact visit with his mother, Yogi was allowed to come out from behind the thick glass in the visiting room and touch a loved one only once: When he married Shirley, they were given 15 minutes together. She later died.

By some accounts, it was his first day on the yard after 46 years in solitary confinement when Hugo Pinell, affectionately known as Yogi Bear, was assassinated Aug. 12. The news sparked a victory celebration by prison guards on social media: “May he rot in hell” and “Good riddens” (sic), they typed. Yogi was the only member of the San Quentin 6 still in prison, and his role in the events of Aug. 21, 1971, the day George Jackson was assassinated, has earned the guards’ incessant enmity ever since.

“This is revenge,” declared his close friend, fellow Black Panther veteran Kiilu Nyasha, on Hard Knock Radio Aug. 13. “They hated him as much as George Jackson. They beat him constantly, kept him totally isolated for 46 years – no window, no sunlight – but they could never break him, and that’s why they hated him.

“The only way he survived was that this man was full of love.”

Isolated in the Pelican Bay SHU from 1990 to 2014, Yogi supported his SHU comrades’ campaign to end solitary confinement. He participated in the hunger strikes and applauded the Agreement to End Hostilities, authored by 16 of his comrades, Black, Brown and White, and dated Aug. 12, 2012, three years to the day before he was killed. It has nearly erased racial violence from California prisons.

The comrades who conceived and wrote the agreement were following Yogi’s lead.

“There was a time in the prison sys­tems throughout the United States,” according to a story headlined “The Black Panther Party and Hugo Pinell” in The Black Panther newspaper of Nov. 29, 1971, “when the prisoners themselves were divided, not only white against Black, but Latinos against Blacks. This – the result of racism in every area of U.S. society – was particularly apparent in Cali­fornia prisons.

This is the story from the Nov. 29, 1971, edition of The Black Panther. – Courtesy Billy X Jennings, ItsAboutTimeBPP.com

“Blacks and Latinos fought, stabbed and killed each other in the yards, cell blocks and dining halls of every prison camp from Tehachapi to Tracy. This is always the case when the racist white prison guard, under administration orders, pits one man struggling to survive against another.

“It is the easiest way for the prison to assure almost absolute control over its inmate population. After all, only an idiot would believe he could control 100 men with one man, unless the 100 were divided. Quite often men were paid to start fights between two men. …

“(B)rothers and sisters across the country inside the maximum prisons began to awaken to the fact of their oppression. They began to realize, as Comrade George Jackson would say, that they were all a part of the prisoner class.

“They be­gan to realize that there was no way to survive that special brand of fas­cism particular to California prison camps except by beginning to work and struggle together. … The prisoner class, especially in California, began to understand the age-old fascist principle: If you can divide, you can conquer.

“There are two men who were chiefly responsible for bringing this idea to the forefront. They helped other com­rade inmates to transform the ideas of self-hatred and division into unity and love common to all people fighting to survive and retain dignity. These two brothers not only set this example in words, but in practice.

“Comrade George Jackson and Comrade Hugo Pinell, one Black and one Latino, were the living examples of the unity that can and must exist among the prisoner class. These two men were well known to other inmates as strong de­fenders of their people.

“Everyone knew of their love for the people, a love that astounded especially the prison officials of the state. It astounded them so thoroughly that these pigs had to try and portray them as animals, perverts, madmen and criminals in order to justify their plans to eventually get rid of such men.

“For when Com­rades George and Hugo walked and talked together, the prisoners began to get the message too well.

“In a well-planned move, the state of California and the U.S. government carried out the vicious assassination of Comrade George Jackson, field marshal of the Black Panther Party, on Aug. 21, 1971. Their plans to slaughter Hugo Pinell are now in full swing.”

What happened on New Folsom Prison’s B yard on Aug. 12, 2015?

California, the prisons are abundantly funded, but the billions of taxpayer dollars are spent in secret, as the media are prohibited from covering prisons. So the stories coming from the mainstream media about Yogi so far are based on press releases from CDCr, the Corrections Department, not from reporters who go inside to hear from prisoners.

Highly paid prison guards and their CCPOA (California Correctional Peace Officers Association) are called the most powerful lobby in the state. Guards at New Folsom, located in a suburb of Sacramento, the state capital, likely exert much of that influence. Is that why Yogi was sent there after more than 23 years at Pelican Bay?

“Once a man declares that he will retain his dignity, that he will not forfeit his manhood, then he has in essence declared war against the prison,” The Black Panther reported on Nov. 29, 1971. “He has declared war upon the guards, who operate on the smallest amount of intelligence and human un­derstanding, and upon the prison and state officials, whose every move is planned and calculated to help in this government’s last feeble attempts to quell the desire of the people to see power returned into the hands of the people. Hugo, from the very beginning of his imprisonment, made that declaration.”

Yogi’s enemies were not his comrades in the prisoner class – though he reportedly died at the hand of one or two prisoners, said to be white, though their race is unconfirmed. He was no threat to other prisoners. It was the guards who loathed him and loath the Agreement to End Hostilities, which he exemplified and set in motion over 40 years ago.

Sitting in the sunshine on the San Quentin yard in 1976 are Khatari Gaulden and Hugo Pinell. – Photo courtesy Kiilu Nyasha

Did they have him killed to demolish the agreement, to rekindle all-out race riots? Riots are job insurance for guards.

Several of the authors of the agreement have also been transferred to New Folsom, where they have been educating other prisoners to understand and wield its power. A prisoner on the C yard, Hakim Akbar-Jones, P-85158, wrote this to the Bay View in July:

“Let this be understood: At CSP Sacramento on the C yard, the End to Hostilities Agreement is in full effect. Even though the summertime is here, there is rhythm and harmony amongst respective class members. There are diligent efforts made on all fronts to work hand to hand in solidarity to build a better future amongst the prison class. With this said, we stand fast and salute all conscious guerrilla revolutionaries whose concepts have been brought forth and come to fruition, those in solidarity who support the movement, thus bringing on and creating positive change for the oppressed.”

Does this sound like a place where Hugo Pinell, the legend, the giant amongst conscious guerrilla revolutionaries, would not be protected? Did the other prisoners even know that Yogi would be joining them on the yard on Aug. 12?

What else are the guards afraid of?

Three initiatives are underway that could empty the SHUs and empower the remaining prisoners, and the guards, fearing for their jobs, are fighting them. A reasonable assumption is that the guards expect that the assassination of Hugo Pinell will see a return of the bad old days of racial violence to “justify” filling the SHUs and guaranteeing job security and top pay for guards:

Black Guerrilla Family – According to family members of prisoners who have been negotiating the hunger strikers’ demands with CDCr administrators since the hunger strikes began in 2011, CDCr has decided to remove the Black Guerrilla Family from the list of eight prison gangs because it’s a political not a criminal organization, but reportedly the guards and their CCPOA are furiously opposed. If BGF is not a prison gang, then all the Black prisoners “validated” as BGF “gangsters” would have to be released from SHU.

George Jackson University – Abdul Olugbala Shakur (s/n James Harvey) recently settled a suit to legitimize George Jackson University, which 25,000 prisoners signed up for when he and other prisoners and outside supporters founded it years ago. Guards are adamantly opposed to the distribution and study of books that prisoners might find mentally and spiritually liberating and have prevented the prisoner-led institution from taking root. Though the settlement terms have not yet been revealed, guards are undoubtedly fearful.

Hugo Pinell in 1982

Class action lawsuit to end solitary confinement in California – Currently in settlement talks with CDCr are the attorneys for the plaintiff class of prisoners who have been held in the Pelican Bay SHU for 10 years or more. The attorneys are led by Jules Lobel, president of the very prestigious New York based Center for Constitutional Rights, the public interest law firm that also represents many of the hunger-striking prisoners at Guantanamo Bay. The New York Times is giving the case multi-media coverage, including a recent video showing some of the plaintiffs describing how they survive the torture of long term solitary confinement. If the case doesn’t settle, trial is set for December.

These initiatives, bolstered by the awakening in the court of public opinion to the evils of mass incarceration and solitary confinement, are driving efforts by California prison guards and their “union,” CCPOA, to demolish the carefully constructed Agreement to End Hostilities and revert to racial warfare that divides and conquers prisoners of all colors so that the guards can rule over them as cruelly as they want without getting their hands dirty.
We call for a full independent investigation immediately

The Bay View, joining a consensus of prisoner family members and advocates, calls for investigations into Yogi’s death at both the state and federal level. We challenge California Attorney General Kamala Harris, now a candidate for U.S. Senate, and U.S. Attorney General Loretta Lynch to demonstrate they believe this Black life – the life of Hugo Pinell – matters. Harris, whose office acts as the attorney representing CDCr, needs to counsel her client to reign in the guards, especially the gang investigators.

We also call for the full and fair investigation of all deaths in jails and prisons, where incarcerated people are routinely abused and tortured and even killed. Begin with Sandra Bland and Hugo Pinell.

Long live Hugo Pinell, who showed us the power of the human spirit, that love can survive and overpower hell on earth.

Hugo Pinell in 2001

To anyone tempted to avenge Yogi’s death against another race, remember the wisdom of the Panthers: “If you can divide, you can conquer.” Ever wonder why the Bay View calls our prison section Behind Enemy Lines? The prison system, not another prisoner, is the enemy that hopes you won’t get out alive.

Embrace Yogi’s spirit and read the words that follow from current and former prisoners who loved him back.

Yogi’s time

by Mumia Abu-Jamal

Written July 30, 2006 – Few of us know the name Hugo Pinell.

That’s because the last time it was in the newspapers was probably in 1971, or 1976, when he was tried as a member of the famous San Quentin 6, six young Black prisoners facing assault charges stemming from battles with prison guards at the notoriously repressive California prison.

Yet that wasn’t the beginning nor the end of things.

Hugo Pinell (known as Yogi by his friends) came to the U.S. as a 12-year-old from a small town on Nicaragua’s East Coast. If he knew then the hell he would face in America, would he have left the land of his birth? We’ll never know.

He came. And he spent the last 42 years in prison – 34 of them in solitary! He hasn’t had a write-up in 24 years.

Now, his family and lawyer are seeking his parole after a lifetime in some of the most repressive joints in America.

Why so long? Why so many years? The answer, not surprisingly, is politics. Hugo was a student and comrade of the legendary Black Panther Field Marshal, the late George Jackson, with whom he worked to organize other Black prisoners against the racist violence and prison conditions of the ‘60s and ‘70s.

Consider this: When Hugo was sent to prison, Lyndon Baines Johnson was president, bombing in the Vietnam War was intensifying and Martin Luther King Jr. was still alive!

Of his introduction to the prison system, Yogi would later write:

Of these three political prisoners, Hugo Pinell, Mumia Abu Jamal and Nuh Washington, only Mumia is now alive, and his health has been precarious lately due to the prison system’s medical neglect and abuse. – Art: Kiilu Nyasha

“I was 19 years old when I turned myself in. I pled guilty to the charge of rape with the understanding that I would be eligible for parole after six months. When I arrived at the California Department of Corrections, I was informed that I had been sentenced to three years to life.”

California’s notoriously unjust indeterminate sentencing has led in part to the present prison overcrowding that now threatens to bankrupt the system. California’s prisons are roughly 172 percent over capacity, and parole is a broken, nonfunctional agency.

That’s not just my opinion, but California State Sen. Gloria Romero, D-Los Angeles, has called the present regime a “failure,” particularly the parole system.

Despite California Gov. Arnold Schwarzenegger’s 2004 promises of major reforms of the parole system, which would lead to significant prisoner population reductions, the incarceration rate has soared. Today, there are a record 168,000 people in 33 state prisons, nearly double the rated capacity.

As Hugo Pinell seeks parole, California is spending $7.9 billion – yeah, with a “b”! – in the next fiscal year, an increase of $600 million a year for a prison system that has one of the worst recidivism rates in the nation, 60 percent!

Clearly, the so-called “Correctional and Rehabilitation” Department has failed in its mission to do both.

Hugo Pinell – Rest in Power!

by Claude Marks

Graphic courtesy Freedom Archives

We are saddened by the news of Hugo Pinell’s death. Hugo Pinell always expressed a strong spirit of resistance. He worked tirelessly as an educator and activist to build racial solidarity inside of California’s prison system.

Incarcerated in 1965, like so many others, Hugo became politicized inside the California prison system.

In addition to exploring his Nicaraguan heritage, Hugo was influenced by civil rights activists and thinkers such as Malcolm X, Martin Luther King as well as his comrades inside including George Jackson. His leadership in combating the virulent racism of the prison guards and officials made him a prime target for retribution and Hugo soon found himself confined in the San Quentin Adjustment Center.

While at San Quentin, Hugo and five other politically conscious prisoners were charged with participating in an Aug. 21, 1971, rebellion and alleged escape attempt, which resulted in the assassination of George Jackson by prison guards. Hugo Pinell, Willie Tate, Johnny Larry Spain, David Johnson, Fleeta Drumgo and Luis Talamantez became known as the San Quentin 6.

Their subsequent 16-month trial was the longest in the state’s history at the time. The San Quentin 6 became a global symbol of unyielding resistance against the prison system and its violent, racist design.

As the California prisons began to lock people up in long-term isolation and control unit facilities, Hugo was placed inside of the SHU (Security Housing Unit) in prisons including Tehachapi, Corcoran and Pelican Bay. There, despite being locked in a cell for 23 hours a day, he continued to work for racial unity and an end to the torturous conditions and racially and politically motivated placement of people into the SHU. This work included his participation in the California Prison Hunger Strikes as well as supporting the Agreement to End Racial Hostilities in 2011.

At the time of his death, Hugo had been locked behind bars for 50 years, yet his spirit was unbroken.

This proposal starts by looking at concrete programs that have been implemented by CDCR and functioned effectively, and by examining how they can be immediately adapted to the present-day PBSP and all 180 prison structures.

In the 1970s and 1980s the Max-B management control unit programs, such as Chino, DVI, and San Quentin Max-B, afforded as much programming as the General Population (GP) prisoners had, and held individual prisoners accountable, who failed to program within the MCU setting.

Today (2012) there are still some small Max-B type programs functioning in a few CDCR facilities under different names, but segregated with the same objectives.

The new 180 design prison complexes are perfectly structured for the necessary control setting and for meeting all the security requirements needed to make this modern (Max-B MCU) type of unti(s) more durable and cost-effective to operate for the California tax payers. Continue reading →

Purpose of ‘security threat group’ designation is to place thousands more in isolation

Written to Kendra Castaneda March 11, 2012, postmarked March 13, 2012 – I want to update you: There’s a public radio station out of Humbolt State University and there’s an oldies program I listen to every Sunday from 2 to 4 p.m. with DJ Sista Soul. You can check it out online.

Also on the radio was the CDCR SHU policy changes and stepdown program proposal … saying it was more of CDCR’s typical manipulative tactics; i.e., to the uninformed it may appear positive, but in reality it will only make things worse by creating the Security Threat Group (STG) designation so as to place thousands more in Ad/Seg-SHU-type units.

While the four-year stepdown program proposed is a laughable joke, interestingly, back in September, we put out our document titled “Tortured SHU prisoners speak out: The struggle continues, hunger strike resumes Sept. 26,” wherein we spelled out CDCR’s agenda and basis for coming with the STG policy: money and staff. It’s their way of expanding IGI (Institutional Gang Investigations) staff and, more importantly, it’s the only way for CDCR and CCPOA (guards’ union) to recoup some of the loss sustained from the prison population reduction forced by the U.S. Supreme Court ruling in May of 2011. Continue reading →

Received by Prison Activist Resource Center Feb. 20, by SF Bay View Feb. 29– Discussions are underway with the intent to set short term and long term goals in the resistance struggle against SHU practices and the prison industrial complex. People are indoctrinated, brainwashed into believing they are weak or powerless – that prisoners in this state are evil and deserve to be punished and treated as some type of sub-human animal, based on their felon status. By “people,” I’m referring to prisoners, their families, friends and supporters, as well as the general public at large. This is the wrong way to see things and it has to change!

Here in the prison system, it’s become the norm for men to brag that they have become “institutionalized,” complacently accepting more and more abuse and deprivations. They talk about “I can take whatever they do to me and won’t give them the satisfaction of complaining about it.” This is the example set by many older cons for the younger cons. Continue reading →

October 13: Mediators who met with hunger strike representatives at Pelican Bay, one of whom had been transferred to Corcoran due to the strike, confirm that prisoners there have decided to stop their hunger strike after nearly 3 weeks. The prisoners have cited a memo from the California Department of Corrections and Rehabilitation (CDCR) detailing a comprehensive review of every Security Housing Unit (SHU) prisoner in California whose SHU sentence is related to gang validation. The review will evaluate the prisoners’ gang validation under new criteria and could start as early as the beginning of next year. “This is something the prisoners have been asking for and it is the first significant step we’ve seen from the CDCR to address the hunger strikers’ demands,” says Carol Strickman, a lawyer with Legal Services for Prisoners with Children, “But as you know, the proof is in the pudding. We’ll see if the CDCR keeps its word regarding this new process.”

The mediation team stated that while the memo indicates statewide changes in the gang validation process for SHU prisoners, the CDCR did not address the status of hunger strikers at Calipatria or Salinas Valley prisons, who are not SHU prisoners. All sources say that at this point, these prisoners will continue to refuse food and stand behind the 5 core demands for all prisoners in California. A recent letter from a prisoner at Calipatria states “Men have…placed their lives on the line in order to put a stoppage to all these injustices we are subjected to day in and day out. People would rather die than continue living under their current conditions. …It is a privilege, an honor to be a part of the struggle, to be a part of history for the betterment of all those inside these cement walls… I will go as far as my body allows me to go.”

Gang validation is a practice that the CDCR uses throughout California prisons. Hundreds of prisoners who have been validated at Calipatria have been held in Adminstrative Segregation (Ad-Seg) for as long as four years, awaiting transfer to Pelican Bay.

As the world watches a growing movement fill the parks, sidewalks and streets of the United States, another movement is growing within the country’s prisons.

Over 6,000 prisoners held captive in at least 7 different prisons are participating in the second round of a hunger strike for fundamental human rights and dignity. Many have pledged that they will die if their demands are not met.

In July, thousands of prisoners in at least 11 different prisons went on hunger strike for these five demands:

The California Department of Corrections and “Rehabilitation” promised to meet these demands after the over 3 week long hunger strike left some participants hospitalized.

Months later, CDCR has not lived up to their promises. In response, the prisoners resumed the hunger strike on September 26th.

They need your support now!

Join us on Wed. October 5th as we show solidarity and support for these brave class warriors as they struggle inside the prisons, kidnapped from family, friends, and community.

Following the informational picket outside the downtown jail, Denver ABC will host our regularly scheduled monthly letter writing night held at the 27 Social Centre (2727 W. 27th Ave Denver, near 27th and Federal.) This month’s letter writing night will focus on some prisoners who have been newly added to our political prisoner database, including participants in the Lucasville Prison Uprising, and environmental prisoner Tim DeChristopher.

Letters and cards of support will also be written to participants in the California hunger strikes.

At the letter writing night, we provide everything you need: paper, pens, addresses, envelopes, stamps, and even DINNER.

Please join us for a night of solidarity and struggle with our comrades now held prisoner by the state.